INQUIRERS' CORNER

NZ Truth, Issue 889, 9 December 1922, Page 16

INQUIRERS' CORNER

(Conducted by "INTERPRETER.") Answers will be published as early as possible after receipt of questions. All letters to be addressed, '.Interpreter," co. "Truth," Box 574, Q.P.0., , Wellington, while taking no .- responsibility for any /. answer given m these columns, every endeavor will be made to see {hat these are absolutely correct Answers to- legal/ queries . must be accepted merely as a guide as to whether or not It ia worth while going to the expense of placing matters inquired about m th« hands of a solicitor for further action. No replies can be made by post

Marriage and Divorce. Q.: Inquirer married m Auckland 1861. Where could he procure a certificate of his marriage? Wife subsequently left him, and three years later he married again and has a family by second wife. Are the first family or the second legitimate ?7-"Constant Reader." A.: Apply to the Registrar-General l of Marriages for copy of certificate of marriages. If he married during lifetime of first wife and without having obtained a divorce the second family aro, illegitimate, but the first are legitimate. • , - • Q.: Has adopted child of 20 years of age to obtain consent of her adopting parents to her marriage. . If so and parents refuse, what course . can she pursue? — "Urgent." A.: Consent of adopting father, If alive, or of adopting mother*. if father dead, must be obtained. It either unreasonably withholds consent application, can be made to the Supreme CoUrt, which has power, to. grant consent m proper casesr ' ■ " Q.: Can wife who, owing to her disagreement with . husband, , left him over three years ago' and has since earned her own living sue husband for maintenance or a ' divorce, and who would have to. pay the costs of the divorce? — "Hard Toiler." . A.: This is one of that class of case where all the facts leading up to and surrounding the separation of the parties would have to be considered before a definite answer can be given. -If! wife was the cause of the. separation by leaving her husband without reasonable cause, as the query suggests, she would not succeed. Ih event of divorce being possible husband would have to pay his own costs, which should not exceed £50, and might possibly have to pay wife's also, of a like amount. Q.: Wife at present drawing allowances m respect of the death of her husband during epidemic. Would the allowance cease if she re-married? — "P.M." \ -•■.-.. . a.: tTlTese allowances are more m the the form of a grant than*- a pension, and the whole of the. circumstances are taken Into account m granting or < refusing same. /Jhe allowance would almost surely cease if 'wife were to marry again. ; ' / -'■. . . •' ' Q.: Husband obtains 'divorce 14 years ago, but has, hot had same made absolute. , Can wife remarry; without having decree made absolute? If not, where would she have to ioaake application to have same made' absolute? — "Favour." ' A.: Wife cannot marry without having decree made absolute. She would have to apply to have this done to. the registrar^ of the Supreme Court where the decree nisi was made. • • ; '"& Q.: Can a girl of 17% years marry without her parents* consent? — "J.R." A.: She must get her parents 1 consent Q.: Woman goes through form of marriage with man whom she subsequently finds is, , owing to physical ; deformity, unable to consummate the marriage. Is Bho entitled to a divoroe on thla ground? — "Very Anxious."

"•-'A'.: There is no need for a divorce. If the marriage has not been consummated and the husband is physically impotent the court will grant a declaration of nullity of marriage. Housing, Rent, Rates. . Q.: Person owns house m which he .lives and has bought another m which he desires to live and allow his married son to occupy the one m which he is now living. Could ha get possession of the house he lias bought on this ground? (2) What would be the standard rent of house property, Government valuation £300, rates £9 2s 7d, Insurance £3 15s? — "X.Y.Z." A.: (1) It Is doubtful whether the court would hold that the landlord reasonably required the house for his own! occupation, though it is possible an order for possession would be made. (2) Standard rent on above figures should be about £34 a year, but landlord would have to apply to court to. have rent increased to this amount, and would, m all probability, have to pay his solicitor's costs employed to make the application. ----- Q;: What notice has landlord to give tenant of intention to increase standard rent m respect of matters concorning which he is entitled to increase the pent under the War Legislation Act? — "Constant Reader." A.: Under the- said Act 28 days notice must be given. With premises to which -the Act does not apply, any increase of rent is usually arranged by agreement of parties, and if tenant will not consent landlord, of course, has it. m his power to determine the tenancy by the required notice. Q.: 1 Tenant vacated house year ago, leaving rent owing, and landlord obtained judgment against him for same. He now finds that according to the rent restriction legislation he had been charged too much rent. Can he get out of paying the amount for which judgment has been recovered over and above' the standard rent?— " Taxi Driver." • A.: Tenant has allowed matters to go too far now to be able to do much m the matter. He should have contested the matter m the first place, and it Is unlikely that the court would consider having the judgment set aside at this late date, Q.: Inquirer takes premises on a weekly, tenancy, commencing on a Tuesday. ' In giving 1 notice of a termination of the tenancy, has he to give : notice that will expire on a Tuesday, or else pay rent to the Tuesday following the expiry of the notice?— " St. Mark's Road." A.: Notice can be given at any time, . and rent has only to be paid to the • expiry of the notice, unless it is a term of the tenancy that the notice must expire on a particular day. Q.: Person leases house for twelve months, the lease expiring on a Sunday. . Can she claim possession on the Saturday preceding the Sunday, or will she have to wait until the Monday following. — "House.' 1 A.: She is entitled to possession on the Sunday, and is not bound to wait for the key until Monday. Q.: A rente a front room from B, and B has had a search warrant issued

against him. Have the police the right to search the room of. A?— "A Dud," Wellington. A.: The rights of the police m the matter depend on the terms of the search warrant. If it authorises them to make a search of the whole of the premises they may do so irrespective of what portion is occupied by A or by B. Q.: Landlord on leaving district requests tenants to pay the rent to his solicitors, which involves a train journey of some distance. Can tenants be compelled to pay landlord's solicitor or should landlord call for rent? — "Constant Reader." A.: Speaking generally it is the duty of the tenant to pay the landlord and not that of the landlord to call for the rent, and m the above circumstances the request to pay the landlord's solicitor seems a quite reasonable one and if not carried x out ' would render the tenant liable to an action for the rent. Q.: Tenant pays six or nine months rent m advance. To what notice is he entitled to determine the tenancy? — "Anxious." A.: The mode of payment of rent is not conclusive m fixing the duration of a tenancy, the true rule being that if there is a tenancy and no agreement as to its duration it is. to be deemed a monthly tenancy, determinable by a month's notice m writing. Wages, Pensions. Q.: Old age pensioner drawing pension of £2 14s per month during year 1921-22, has deductions from full pension of £39 made m respect of a gross income of £57., His pension for year 1922-1923 has been fixed at £1 Is 8d per month," the deductions made from full pension being m respect of income of £68 ss. • Is he entitled to any more pension than the £1 Is 8d per month? — '\Puzzled." , A.: If the figures given are correct, I he is receiving as much pension as he is entitled to. Legal. ' • Q.:- Is it libellous to circulate a defamatory statement about a person which is true? — "Backblock." - A.: The truth of the matter complained of is - a good defence to an action for libel. , Q.: Person driving bull along road when it smashes down gate leading to adjoining property. Can owner of gate sue for damage done? — "Knowledge." • A.: Owner of gate has fcood cause of action for the damage done. : . Q.: (1) Would duty have to ba.'paid on articles purchased m England and forwarded by post to N.Z., and would there be any difference irt amount of duty if articles purchased m America? (2) At what age is a woman entitled to the old age pension? A.: (1) Duty would have to be paid, but without knowing the particular article it is impossible to say >h6w amount of duty would compare With that payable if same article purchased m America. Generally speaking duty on American goods is higher. (2) At 60 years, of age or at 55 if the parent of two children under 14 who are dependent oh her. Q.: Person agrees to take a course m radio telegraphy and pays fees, but before course commences the firm ■giving the course goes into liquidation. .Liquidator promises to repay amount paid or some portion, but has not done so. What steps can person take? — "R.J.". A.: Perhaps the best way of bringing matters to a .head is to sue the liquidator. \ Q.: A owns property adjoining B's. Drain from B'S property comes through A's to main sewer. Can A compel B to /remove this drain Into his own property? — "Constant Reader." A.: Impossible to advise without further particulars. All sorts of drainage rights exist m towns and cities, the extent of which it is impossible to ascertain without searchins: the titles of the properties m question. v Q.: Mo thdf transfers her property to her daughter by wny of gift. Would stamp duty be payable on the transfer ' which expresses no consideration? Is a person compelled to engage a lawyer to put through. a transfer of property? — "Land." > . i A.: The transfer is. by way of gift and gift duty would have to be paid, calculated on a valuation of the property. While it is not absolutely necessary to employ a- solicitor there are so many pitfalls m such a transaction that it is highly advisable to do so. Q.: Soldier on leaving for the" front arranges to allot portion of his pay to his mether, to be paid to him on his return. Upou home he finds his mother has spent the money. Has ho any redress? — "Soldier." .-"■ r A.: Hg could sue for the recovery of the money if it is not paid to him, \ Q.: Person purchases property, December "40, 1919, leaving portion purchase money on mortgage. In the event of his hot paying up' under the mortgage could the property be sold to satisfy the mortgago? — "Much ' Worried." - A.: The above mortgage having been executed subsequently to October 24, 1919, is not protected by the Mortgages Extension Act and the property would, m the above circumstances, be seized and sold. , Q.: Mortgage expires two. years ago, and by agreement rate of interest ia raised from 5% to 7 per cent, and mortgago allowed to run. la the.mortgagee entitled , atill to charge 7 per cent, under the present Mortgages Extension Act? — "Flo." A.: As the mortgagor has by paying interest at the rate of 7 per. cent, impliedly agreed to same he cannot claim any reduction of same. According to tho .wording of the Act, however, the agreement to pay the higher rate must, to be enforceable, be capable of being established by some written evidence or document, otherwise only <tft Per cent, intoroot can be charged. Q.: (1) Adjoining occupier cuts gorge fence m such a way as to allow Inquirer's sheep to Btray and they are consequently impounded, Involving Inquirer m expense. Can he recover from adjoining occupier the amount of his loss? (2) adjoining occupier then serves notice to fence on inquirer but inserts m notice the wrong number of the sections owned by him. Would the notice containing this error constitutes a binding notice?— " Cow Spanker." A.: (1) So long as Inquirer did not permit his Hheep to remain m tho field m quoHtion knowing that thero was a good chance of their Rettlpjj away ho has a good oluiru for damages agninst his neighbour In which he can includo tho impounding fees, (2) A slight error m the notice" such ns "that wet out should not be sufliclent to invalidate it. Q.: Can a returned soldier bo sued for money duo for gaod3 supplied? — "Reader." A.: Certainly ho can. and ho can be brought up after judgment on a Judg. Mont summons, when ho will have to prove that ho has not since tho Judgment had HUlHcicnt money to pay tho debt or an order will bo made for his imprisonment. A dlstroaa warrant, however, cannot bo Issued agninst him without the conßont of tho AttorneyGoncral. Q.: What would bo tho solicitor's costs nml disbursements a person would have to pay on v tranrn'or to him of a mortKUßo for £1000?— "Anxious." A.: If mortgage under deeds system solicitor's coat would be £\l lSs> Cd and disbursements about £5; If under lnnd transfer uystorn £11 Os Cd sollcUor*a cost* and. disbursements about tho g&iuo. Q.: Person forgca cheque and hnmls name to another In payment of debt. Father of first person promises to pny amount of cheque If other will forbear from nrOKOCUlion. Th«* father ha* not koyt his promise Can tic now bo

sued for the amount of the cheque? — ; "Question." ! A.: Father can- be sued only if the promise or some memorandum or note thereof is m writing signed by him or by his authorised agent. Q.: Inquirer had instalment mortgage, which he has discharged. Will he have to obtain a discharge of the mortgage, and, if so, should he employ a solicitor? — "Regular" Subscriber." A.: Inquirer should obtain from the mortgagee a proper release .of tho mortgage, and stamp and register same m order to 'clear it off his title. Although this is not a very complicated procedure, it would, perhaps be more satisfactory to employ a solicitor, as the scale charge for the work is very' low. Q.: Inquirer's wife has been left legacy by relative m England, but can get no satisfaction regarding payment of same. What steps can she take to ensure payment of same? — "Anxious." A.: Your best course is to instruct your solicitor m N.Z. to take the necessary steps to obtain payment of the legacy. Q.: Inquirer falls from ladder over three years ago, and has now contracted a diseased Joint due to the fail. Can he- recover compensation m respect of this disease? There was no negligence on the part of the employer. — "Hoppy." A.: Too long a time has now elapsed, and no action lies und«r the Workers' Compensation Act. Q.: (1) Has a Borough Council power to pass a by-law restricting building m a defined area within the borough m other than brick, and does it make any difference if some members of - the Council hold shares m the company which -will have to supply the bricks?; (2) Has a person with an income of £300 to pay income tax? — "J.P.S." A.: (1). Yes; a borough. council has power to pass such a by-law, and it make. 1 ? no difference whether or not the members of the council hold shares m the brick company; (2) No. Q.: Inquirer wishes to know if he has been overcharged by his solicitors on his purchase of property. — "Ireland." A.: The charges made dp not exceed the scale charges lor the particular work. Q.: Property sold subject td mortgage, and purchaser advises mortgagee that, taking advantage of the Mortgages Extension Act, he will not repay mortgage till 31st December, 1924. In these circumstances should a fresh mortgago be executed, and should mortgagor give notice of his intention to : claim protection of the .Act? — ' "•Deeds." A.: New mortgage not necessary. No notice necessary by mortgagor that ho intends to claim protection of the Act. Q.: Inquirer's husband has raised first mortgage on his property, and contemplates raising a further loan on security of same. Can inquirer, m the interests of his family, prevent her husband taking this step ?— "Worried." A.: In all ordinary circumstances tho husband, as own«r of the property, can take what step's he likes so far as raising ' money on same is concerned. It may be, however, that m the. special circumstances the husband cpuld be made subject to a protection order and prevented from dealing with his property. One would need to know the whole of the circumstances to be* able to give a definite opinion on this latter point. Finance, Companies, &c. Q.: Can a limited liability company charge interest on an overdue account apart from agreement (with the debtor 7 — "Hard-up." v A.: Not unless a written demand has -been made upon the debtor with a notice that interest will be charged henceforth. A letter from the company advising that interest will be charged henceforth would be sufficient to entitle the company to charge interest from the date of the letter. General. Q.: Can a school teacher expel a child for refusing to apologise? — "Parent." A.: A teacher has power to expel m case of incorrigible* disobedience, but an appeal lies from the decision, firat to the School Committee and finally to tho Education Board. - Q.: (1) Has a person to pay income tax on a prize won m "Tatt's"? (2) Person purchases worker's dwelling under the provisions of tho Housing Act, 1919, and pays off the whole amount of the purchase money. Upon issue to him, of his title ho finds it contains restrictions against his sale or mortgage of tho dwelling to other than a worker. Is there any way of getting over this restriction?— "W.H.C." A.: (1) Such a prize Is not income as defined by tho Land and Income Tax Act, and la consequently not- llablo to tax (2) The only way provided by tho Act for getting over this restriction ia to obtain the consent of the Housing Bonrd to tho proposed disposition, and also tho approval of the Ministor of Labor. Q..: Inquirer's wife called on a tailor and agreed to purchase a ready-mado costume which tailor agreed to alter to fit. Costume was not altered satisfactorily. Can inquirer or his wife be compelled to pay for costume? — "Lex." A.: If It can bo proved that the tailor has not carried out his agreement by making the costume a good At there is no obligation on • anyone to pay for same. Q.: Can a parent prevent a girl of 18 years of ago leaving homo? — "Fair Play." A.: While a parent as legal guardian can claim to exercise a certain measure of control over a child until the latter attains the age of 21 years, In circumstances such as the above it is unlikely tho courts would Interfere if the girl was earning an honest livelihood and leading a respectable life. i Q.: Inquirer la suffering annoyance from man who has previously caused trouble betwen her and her husband. What steps can she take to ensure a cessation of this annoyance? — "Worried." A..: Perhaps If you spoke to tho police thay would afford you adequate protection. If nf>t. the next best method would be to lodge a complaint to have tho man bound over to keep tho peace. Replies In Brief: "Poker": B wins; his blaze with two pairs boats A's with ono pair, — "Argument": A publican can retuse to servo ! arink to nny person nt his own discretion, oven If the person so refused Is perfectly sober.— "M.0.H.": Thanks, but 'too late now. — "Engineer": Apply to Bowers' Engineering School. Wellington or Auckland.— "Happy": A mutter of etiquette, not one of law. —

rowing to tho wide use that Is being made of this column by our rnaiy subscriber* we aro compelled to hold over a iiumber of answers from week to week. AH questions will be answered as far as possible In rotation of receipt. Frivolities and questions not of aoneral interest will not be answered. — F.d. '"Truth."]